[1] This is an appeal against the decision of the learned Judicial Commissioner of the High Court of Malaya at Muar, Johor, delivered on 7 February 2011, granting the respondent/plaintiff's application for a declaration that a lease agreement dated 17 April 2009 entered into between the respondent/plaintiff and the appellant/defendant is null and void by reason of a mutual mistake of fact; and for an order that the appellant/defendant surrenders the palm oil mill to the respondent/plaintiff within seven days from the date of the order.

[2] We have unanimously allowed the appeal with costs fixed at RM15,000.00.

[3] We now give our reasons.

[4] For ease of reference, we will be referring to the parties as they were at trial below, that is to say, as plaintiff and defendant, as the case may be.

The Facts

[5] The f